Victorian Current Acts Victorian Current ActsS. 35(1) amended by No. 38/2022 s. 11.
(1) In this Subdivision and Subdivisions (8A) to (8FA)—
"animal" means any animal (other than a human being), whether vertebrate or not;
"care, supervision or authority"—see section 37;
S. 35(1) def. of cognitive impairment inserted by No. 38/2022 s. 7.
"cognitive impairment" has the same meaning as in Subdivision (8E);
S. 35(1) def. of commercial sexual services inserted by No. 7/2022 s. 39(1).
"commercial sexual services" means services involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others for—
(a) commercial benefit; or
(b) payment; or
(c) reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 )—
whether or not the commercial benefit, payment or reward accrues to, or is given to, the person providing the services or to another person;
S. 35(1) def. of consent substituted by No. 38/2022 s. 4.
"consent"—for the purposes of this Subdivision and Subdivisions (8A) to (8E)—see sections 36 and 36AA;
"domestic partner" of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender or gender identity);
Note
See also subsection (2).
S. 35(1) def. of mental illness inserted by No. 38/2022 s. 7.
"mental illness" has the same meaning as in Subdivision (8E);
"sexual", in relation to an activity—see section 35D;
"sexual", in relation to touching—see section 35B;
"sexual penetration"—see section 35A;
"take part in a sexual act"—see section 35C;
"touching"—see section 35B;
S. 35(1) def. of vagina substituted by No. 5/2018 s. 3(1), amended by No. 38/2022 s. 91(1).
"vagina" includes the external genitalia.
S. 35(1A) inserted by No. 7/2022 s. 39(2).
(1A) For the purposes of the definition of commercial sexual services in subsection (1), a person may provide services on a single occasion or on multiple occasions.
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 35(3) inserted by No. 5/2018 s. 3(2), amended by No. 38/2022 s. 11.
(3) For the purposes of this Subdivision and Subdivisions (8A) to (8FA), a reference to a part of the body includes a reference to a surgically altered or constructed part of the body.
S. 35A inserted by No. 47/2016 s. 5.